Are Breathalyzers Always Accurate?

Not even close. In fact, in 2023, a Massachusetts court threw out over 25,000 DUI guilty pleas entered between 2011 and 2019, because the devices weren’t properly adjusted and calibrated. Improper calibration is just one of many Breathalyzer flaws, as outlined below. Other methods, such as blood tests, are vastly more reliable than breath tests. But police officers don’t use them very often. They’d rather take the quick and easy path. Devoted Star Wars fans know where that approach ends up.

Despite multiple scientific and technical flaws, law enforcement officers insist on using Breathalyzers. These multiple flaws give a Tampa DUI attorney the tools necessary to undermine the reliability of these results, especially in .08, .09, and other borderline BAC cases. In some cases, these flaws result in a complete dismissal of charges or a not-guilty verdict at trial. In other cases, prosecutors hand a victory to a defendant. They reduce the charges and/or sentence during pretrial negotiations.

Procedural Issues

Before we discuss the Breathalyzer’s scientific and technical flaws, we should discuss some important procedural issues. If police officers don’t follow the proper procedure, judges usually throw these cases out of court. Procedural errors are permanent. Police officers don’t get do-overs.

One common procedural issue is a failure to read the proper DUI warning, or a failure to read the warning in a language the defendant easily understands.

We referenced the failure of Massachusetts authorities to issue and follow proper Breathalyzer maintenance proceedings. Such failures are common in other jurisdictions as well, including Florida. Many DUI warning cards haven’t been updated since lawmakers in the Sunshine State passed a refusal-to-submit law.

That omission may seem minor. But to a Tampa criminal defense lawyer, there are no major and minor procedural violations. A miss is as good as a mile.

Additionally, Florida has one of the highest percentages of LEP (limited English proficiency) residents in the country. Many LEP individuals understand basic “step out of the car” commands. But they don’t understand DUI warnings, which are riddled with Legalese. Furthermore, many LEP individuals usually don’t speak up in these situations. They’ve learned not to make waves and possibly cause immigration problems for themselves or their loved ones.

Breathalyzer Flaws

When they take the stand, police Breathalyzer technicians crow endlessly about the Breathalyzer’s advanced features and dazzle jurors with talk of fuel cells and electrochemical reactions. In reality, however, the Breathalyzer is basically a first-generation desktop computer with an advanced mouse.

Both the Breathalyzer and the 1920s Drunk-o-Meter use basically the same technology. Both gadgets use breath alcohol levels to estimate blood alcohol content. So, the Breathalyzer inherited the Drunk-o-Meter’s flaws, which include:

• Mouth Alcohol: When subjects burp or belch, ethanol particles from the stomach rush into the mouth, skewing the results. This flaw is so serious and commonplace that, by law, police officers must closely watch subjects for at least fifteen minutes before they administer Breathalyzer tests. But courts don’t strictly enforce this requirement.
• Temperature Variation: Individual temperature affects Breathalyzer results. A moderate fever, approximately 100 degrees, could artificially inflate a Breathalyzer result as much as 10 percent. External temperature matters as well, since the Breathalyzer is such a delicate and sensitive device.
• Unabsorbed Alcohol: Much like mouth alcohol levels, this Breathalyzer flaw is very serious. Florida lawmakers even changed the DUI law in a vain attempt to account for it. If the subject had been drinking in the last hour, that alcohol is in the stomach but not the bloodstream. So, once again, the BAC estimate is artificially high.

Usually, a Tampa criminal defense lawyer partners with a chemist or other such person to drive home these flaws with jurors. Chemists, or even chemistry students, are much more authoritative than police Breathalyzer technicians, who have very little training in this area.

Rely on a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.

Source:

cbsnews.com/boston/news/breathalyzer-ruling-massachusetts-oui-cases-drunk-driving/